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ARE 18 Homework Assignment No. 1. How this case violate constitution.

Essay Instructions:

This case is unreasonable and violates the first article of the US Constitution. Be sure to write a full page, you can double spacing. No title and referencing required. Thank you!








ARE 18 Homework Assignment No. 1
VINCENTY v. BLOOMBERG
Due to be turned in on Canvas
United States Court of Appeals.Second Circuit.
Lindsey (“Linzie") VINCENTY; Valerie Adams, on behalf of her minor son Kereem Adams; Gino Castignoli, on behalf of his minor daughter Melissa Castignoli; Fernando Carlo; Rhea David, on behalf c her minor daughter Loyette David; Nellie Dumont; and Vincent Schiano, Plaintiffs-Appellees, v. Mlchae R. BLOOMBERG, Mayor of the City of New York; Peter F. Vallone, Jr., Chair, Committee on Public Safety New York City Council, in their individual capacities; and the City of New York, Defendants-Appellants.
Docket No. 06-2106-CV.
Decided; February 01,2007
Before: KEARSE, SOTOMAYOR, and B.D. PARKER, Circuit Judges. Daniel M. Perez, New York, New York (David Pressman, Kuby 8. Perez, on the brief), for Plaintiffs-Appellees. Scott Shorr, Senior Corporation Counsel, New York, New York (Michael A. Cardozo, Corporation Counsel of the City of New York, Ronald E. Sternberg, on the brief), for Defendants-Appellants.
The present action arises out of a recent legislative attempt by defendant Cfty of New York ('City') to combat the widespread problem of graffiti vandalism, i.e., the unauthorized placement of graffrti on the property of another. As amended in December 2005, the City's Administrative Code ('Code' or 'City Code') prohibits the sale of, inter alia, aerosol spray paint containers and broac tipped indelible markers to persons under 21 years of age, see N.Y.C. Admin. Code § 10-117(c) (2006), and generally prohibits persons under the age of 21 from possessing such items on property other than their own, see id. § 10-117(c-1).
I. BACKGROUND
For decades, the City has been confronted with a 'growing problem of vandalism and public defacement by means of making unauthorized graffiti." (Complaint 126.) In the City’s administrative code in 1985 ("1985 Code*), § 435-13.2, the predecessor of € 10-117, contained provisions that, inter alia, forbade any person to write, draw, or paint any inscription, figure, or mark on public or private property without the express permission of the owner or operator of the property, see 1985 Code § 435-13.2(a); prohibited any person from carrying an aerosol spray paint can or a broad tipped indelible marker into any public building or other public facilH with the intent to violate § 435-13.2(a), see 1985 Code § 435-13.2(b); and prohibited the sale of such items to any person under the age of 18, see id. § 435-13.2(c); see also New York State Laws of 1985, ch. 907, § 14 (renumbering City Code § 435-13.2 as § 10-117).
In December 2005, amendments to § 10-117 were adopted to expand former § 435-13.2(c)’s prohibitions by raising the age restriction on the sale of such items from 18 to 21 and by introducing a strlct-liabillty provision that prohibits persons under the age of 21 from possessing such Items in certain places, regardless of intent.
A. The Challenged Provisions of the City Code
The new or amended subsections that are challenged in this action provide as follows:
(c) No person shall sell or offer to sell an aerosol spray paint can, broad tipped indelible marker or etching acid to any person under twenty-one years of age.
(c-1) No person under twenty-one years of age shall possess an aerosol spray paint can, broad tipped indelible marker or etching acid on the property of another or in any public building or upon any public facility.

Essay Sample Content Preview:

Name
Institution
 The constitution of the United States under the First Amendment grants its citizens the right to freedom of speech. Freedom of speech can be expressed in various ways among them being the use of graffiti. However, there are circumstances in which the use of graffiti cannot be protected by the first amendment by virtue of being free speech. For instance, the use of graffiti on someone else’s property without their consent is unlawful. This implies that the right to the exclusive ownership of property precedes that of freedom of speech. Some instances, however, are exceptional like for the case of Vincenty v. Bloomberg.
In this case, the various graffiti artists went up against the city mayor for overstepping their rights of freedom of speech through the various provision of city code. The city code introduced the age ...
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